Hacking and Trading Scheme Involved Theft of Thousands of ‘EDGAR’ Filings, Including Draft Earnings Reports of Publicly Traded Companies before Reports were Made Public

Two Ukrainian men have been charged for their roles in a large-scale, international conspiracy to hack into the Securities and Exchange Commission’s (SEC) computer systems and profit by trading on critical information they stole.

In a 16-count indictment unsealed today in the District of New Jersey, Artem Radchenko, 27, and Oleksandr Ieremenko, 26, both of Kiev, Ukraine, are charged with securities fraud conspiracy, wire fraud conspiracy, computer fraud conspiracy, wire fraud, and computer fraud. The SEC also filed a civil complaint today charging Ieremenko along with several other individuals and entities.

The indictment alleges that Radchenko and Ieremenko hacked into the SEC’s Electronic Data Gathering, Analysis and Retrieval (EDGAR) system and stole thousands of files, including annual and quarterly earnings reports containing confidential, non-public, financial information, which publicly traded companies are required to disclose to the SEC. The defendants and others then profited by selling access to the confidential information in these reports and trading on this stolen information prior to its distribution to the investing public.

“The defendants allegedly orchestrated sophisticated computer intrusions to steal non-public information from the SEC, compromising the integrity of the market and depriving honest investors of a level playing field,” said Assistant Attorney General Benczkowski. “The Department of Justice will aggressively pursue and prosecute those who attack our financial markets and seek to profit unfairly, no matter where such offenders reside.”

“The defendants charged in the indictment announced today engaged in a sophisticated hacking and insider trading scheme to cheat the securities markets and the investing public,” U.S. Attorney Craig Carpenito said. “They targeted the Securities and Exchange Commission with a series of sophisticated and relentless cyber-attacks, stealing thousands of confidential EDGAR filings from the Commission’s servers and then trading on the inside information in those filings before it was known to the market, all at the expense of the average investor.”

“Today’s indictment sends a strong message to those criminals who choose to use the cyber-world to profit from network intrusion,” Mark McKevitt, Special Agent in Charge of the Secret Service Newark Field Office, said. “The Secret Service will continue to aggressively investigate cyber-enabled financial crimes and develop innovative ways to combat emerging cyber threats.”

“This indictment is a testament to the countless hours of hard work and dedication by law enforcement in the fight against cyber criminals,” FBI Special Agent in Charge Gregory W. Ehrie said. “Cybercrime knows no boundaries. Dismantling these operations are possible only by working closely with our partners.”

According to the indictments unsealed today:

From February 2016 to March 2017, Radchenko, Ieremenko, and others conspired to gain unauthorized access to the computer networks of the SEC’s EDGAR system, which is used by publicly traded companies to file required disclosures, such as annual and quarterly earnings reports. These filings contained detailed information about the financial condition and operations of the companies, including their earnings. Such information can, and often does, affect the stock price of the companies when it is made public, and is therefore highly confidential prior to its disclosure to the general public.

The EDGAR system allows companies to make test filings in advance of a public filing. These test filings often contain information that is the same as, or similar to the information in the final filing. The defendants stole thousands of test filings before they were released to the public, and sought to profit from their theft by using the information in the test filings to trade before the investing public learned the information.

To gain access to the SEC’s computer networks, the defendants used a series of targeted cyber-attacks, including directory traversal attacks, phishing attacks, and infecting computers with malware. Once the defendants had access to the test filings on the EDGAR system, they stole them by copying the test filings to servers they controlled. For example, between May 2016 and October 2016, the defendants extracted thousands of test filings from the EDGAR servers to a server they controlled in Lithuania.

Ieremenko was previously charged in a hacking and securities fraud scheme in an indictment in the District of New Jersey. That indictment charged Ieremenko with being part of a large-scale, international conspiracy to hack the computer systems of three newswire organizations and steal press releases containing confidential non-public financial information relating to hundreds of companies traded on the NASDAQ and NYSE from three newswires. The members of the conspiracy profited from the theft by trading on the news ahead of its distribution to the investing public. The indictment unsealed today alleges Ieremenko employed some of the same methods to hack the SEC.

Radchenko recruited to the scheme traders who were provided with the stolen test filings so they could profit by trading on the information before the investing public. Armed with the stolen information, the traders profited by executing various trades in brokerage accounts they controlled. In one instance, a test filing for “Public Company 1” was uploaded to the EDGAR servers at 3:32 p.m. (EDT) on May 19, 2016. Six minutes later, the defendants stole the test filing and uploaded a copy to the Lithuania server. Between 3:42 p.m. and 3:59 p.m., a conspirator purchased approximately $2.4 million worth of shares of Public Company 1. At 4:02 p.m., Public Company 1 released its second quarter earnings report and announced that it expected to deliver record earnings in 2016. Over the next day, the conspirator sold all the acquired shares in Public Company 1 for a profit of more than $270,000.

The wire fraud conspiracy and substantive wire fraud counts with which the defendants are charged carry a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The securities fraud conspiracy, computer fraud conspiracy, and substantive computer fraud counts with which the defendants are charged carry a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense.

This case was investigated by the U.S. States Secret Service and special agents of the FBI, with assistance from the SEC’s Market Abuse and Cyber Units and the Justice Department’s Office of International Affairs.

The prosecution is being handled by Trial Attorney Aarash Haghighat of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS), and by Assistant U.S. Attorney Daniel Shapiro; Chief of the Cybercrimes Unit Justin S. Herring; Attorney-in-Charge, of the U.S. Attorney’s Office in Trenton Nicholas Grippo; and Special Assistant U.S. Attorney Lynn O’Connor.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

TRENTON, N.J. – A federal grand jury today indicted a partner at an Ocean County law firm for evasion of taxes totaling more than $1 million; filing false income tax returns; failing to pay over payroll taxes to the IRS; and making false statements on a bank loan application, First Assistant U.S. Attorney Rachael A. Honig announced.

George Gilmore, 69, of Toms River, New Jersey, was charged in a six-count indictment with one count of income tax evasion for calendar years 2013, 2014, and 2015; two counts of filing false tax returns for calendar years 2013 and 2014; failing to collect, account for, and pay over payroll taxes for two quarters in 2016, and making false statements on a 2015 loan application submitted to Ocean First Bank N.A.

According to documents filed in this case:

Gilmore worked as an equity partner and shareholder at Gilmore & Monahan P.A., a law firm in Toms River, where he exercised primary control over the firm’s financial affairs. Gilmore filed on behalf of himself and his spouse federal income tax returns declaring that he owed $493,526 for calendar year 2013, $321,470 for 2014, and $311,287 for 2015. Despite admitting that he owed taxes for each of these years, Gilmore made no estimated tax payments and failed to pay the federal individual income taxes that he owed. Rather, between January 2014 and December 2016, Gilmore spent more than $2.5 million on personal expenses, including substantial home remodeling costs, vacations, and the acquisition of antiques, artwork, and collectibles. By Dec. 31, 2016, based on the tax due and owing that Gilmore reported on the returns, he owed the IRS $1,520,329 in taxes, penalties, and interest.

To evade and defeat the payment of his taxes Gilmore concealed information from the IRS and falsely classified income, made false and misleading statements to IRS personnel, and filed false tax returns that materially understated the true amount of income that he received from the law firm:

From January 2014 to December 2016, Gilmore used the law firm’s bank accounts to pay more than $2 million worth of personal expenses, including obtaining checks to cash and cash advances on a corporate credit card. Gilmore falsely classified payments as “shareholder loans” instead of income to him.

On Oct. 16, 2014, Gilmore sent the IRS a $493,526 check as payment for his 2013 taxes despite having no more than $2,500 in his personal bank account at the time. Gilmore’s check bounced and he never resubmitted payment in lieu of the bounced check. From November 2014, when he was notified by the IRS concerning the bounced check, to the end of December 2014, Gilmore spent more than $80,000 toward the construction of his home and to purchase artwork, antiques, and collectibles and more than $25,000 in mortgages and related expenses for five real estate properties that he owed.
From November 2014 to October 2015, Gilmore falsely represented to the IRS collections officer that he would make partial payments to the IRS for his outstanding tax liability, but made none.

Gilmore filed false tax returns for 2013 and 2014, which under reported his actual income from the law firm.

Because he exercised significant control over the law firm’s financial affairs, Gilmore was a person responsible for withholding payroll taxes from the gross salary and wages of the law firm’s employees to cover individual income, Social Security and Medicare tax obligations. For the tax quarters ending March 31, 2016, and June 30, 2016, the law firm withheld tax payments from its employees’ checks, but Gilmore failed to pay over in full the payroll taxes due to the IRS.

Gilmore also submitted a loan application to Ocean First Bank containing false statements. On Nov. 21, 2014, Gilmore reviewed, signed, and submitted to Ocean First Bank a Uniform Residential Loan Application (URLA) to obtain refinancing of a mortgage loan for $1.5 million with a “cash out” provision that provided Gilmore would obtain cash from the loan. On Jan. 22, 2015, Gilmore submitted another URLA updating the initial application. Gilmore failed to disclose his outstanding 2013 tax liabilities and personal loans that he had obtained from others on the URLAs. Gilmore received $572,000 from the cash out portion of the loan, the proceeds of which he did not apply to his unpaid taxes.

The tax evasion count and the two counts of failing to collect, account for, and pay over payroll taxes each carry a maximum penalty of five years in prison, and a $250,000 fine, or twice the gross gain or loss from the offense. The two counts of filing a false tax return each carry a maximum penalty of three years in prison, and a $250,000 fine, or twice the gross gain or loss from the offense. The count alleging loan application fraud carries a maximum penalty of 30 years in prison and a $1 million fine. Gilmore will be arraigned at a date to be determined.

First Assistant U.S. Attorney Honig credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, special agents with U.S. Attorney’s Office under the direction of Supervisory Special Agent Thomas Mahoney, and special agents of the FBI Red Bank Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, for the investigation leading to today’s indictment.

The government is represented by Deputy U.S. Attorney Matthew J. Skahill; Assistant U.S. Attorney Jihee G. Suh of the U.S. Attorney’s Office Special Prosecutions Division; and Trial Attorney Thomas F. Koelbl of the U.S. Department of Justice - Tax Division.

The charges and allegations in the indictment are merely accusations, and Gilmore is considered innocent unless and until proven guilty.

Tax Returns Failed to Disclose Approximately $433,000 in Personal Expenses and Other Benefits Provided to Executive Director by the Club
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William Cheung, the Acting Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced that MICHAEL GYURE, the executive director of a private club in Manhattan, pled guilty today to filing false federal income tax returns. GYURE pled guilty before U.S. District Judge Naomi Reice Buchwald.

Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted in court today, while serving as the executive director of a private club in Manhattan, Michael Gyure ripped off the IRS. Gyure’s filing of false tax returns is no laughing matter, and he now awaits sentencing for this crime.”

IRS-CI Acting Special Agent in Charge William Cheung said: “Gyure’s attempt to evade tax by filing false tax returns was a theft from the American public. It is a felony that carries severe consequences. As we start the tax filing season, it is a timely reminder of the overarching principle of IRS’s enforcement strategy: We protect the integrity of the tax system by ensuring everyone pays the right amount of tax.”

According to allegations contained in the Information to which GYURE pled guilty and other documents filed in federal court, as well as statements made in public court proceedings:

At all times relevant to the conduct outlined in the Information, GYURE was the executive director of a private club (the “Club”) located in Manhattan. In 2012, GYURE entered into an employment agreement with the Club entitling him to the payment of certain personal expenses. Between 2012 and 2016, GYURE received more than approximately $273,000 in reimbursements and direct payments from the Club to pay for personal expenses including, among other things, the purchase of wine sent to GYURE’s home, international travel for GYURE and his family members, and purchases of clothing and groceries. Additionally, during this same period, the Club reclassified more than $160,000 in loans that had previously been made to GYURE as additional compensation, above and beyond GYURE’s salary. The payments for personal expenses made to GYURE and the reclassification of loans as additional compensation to GYURE came at a time when the Club was attempting to address a decrease in revenues and cash management issues. By in or about 2015, for example, the Club was asking vendors to accept reduced or late payments and, during the period between 2015 and 2016, the Club failed to pay several hundred thousand dollars in sales taxes to the State of New York.

In each of tax year 2012, 2013, 2014, and 2015, GYURE caused to be filed with the IRS income tax returns that understated his income by failing to report the income he earned from the Club as payments of personal expenses and additional compensation due to reclassification of loans. During the period between tax years 2012 and 2016, GYURE caused losses to the IRS of more than $150,000.

GYURE, 50, of New York, New York, pled guilty to one count of filing false federal income tax returns, which carries a maximum sentence of three years in prison. GYURE has agreed to pay restitution to the IRS in the amount of at least $156,920, which represents the additional tax due and owing as a result of GYURE’s underpayment of income taxes for the tax years 2012 through 2016. Sentencing is scheduled for April 22, 2019, at 2:45 p.m., before Judge Buchwald.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative work of IRS-CI, the U.S. Postal Inspection Service, and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York in this case.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Katherine Reilly and Sheb Swett are in charge of the prosecution.

PROVIDENCE, R.I. – The mastermind of a mortgage fraud scheme that defrauded financially distressed homeowners, investors, and financial institutions of nearly $1.5 million dollars was sentenced today to more than 13 years in federal prison.

At sentencing, U.S. District Court Judge John J. McConnell, Jr., sentenced Hussain to a total of 159 months in federal prison to be followed by 4 years supervised release. Hussain was also ordered to pay more than $1.4 million dollars in restitution to the victims of his scheme.

Hussain, who pled guilty in September 2018, admitted to using various business entities to trick distressed property owners, who were seeking loan modifications, into paying him fees, moving out of their homes, and selling their homes in short sale transactions. Hussain further admitted that he convinced lenders to agree to artificially low sale prices for the distressed property owners’ homes by directing other individuals to damage the properties prior to the short sales. Thereby, Hussain, or individuals or businesses associated with him, acquired the properties at reduced prices, and then flipped them to investors at much higher prices.

At the time of his guilty plea, Hussain admitted that these investors were defrauded of their funds, or good credit, or both when they agreed to purchase properties from Hussain. Hussain further admitted that he assisted investors to acquire federally backed mortgages through fraudulent applications, ultimately resulting in losses to the lenders or the Federal Housing Administration. Some of the tactics employed by Hussain as part of the scheme included misuse of identities and cutting and pasting signatures on property deeds and financial documents.

Several individuals directly impacted by Hussain’s schemes appeared in federal court today and personally delivered victim impact statements to the Court.

Hussain’s sentence is announced by Acting United States Attorney Richard B. Myrus, Special Agent in Charge of the Northeast Region of the U.S. Department of Housing and Urban Development Office of Inspector General Christina D. Scaringi, Special Agent in Charge of the U.S. Secret Service Stephen Marks, Harold H. Shaw, Special Agent in Charge of the Boston Division of the FBI Harold H. Shaw, and Superintendent of the Rhode Island State Police Colonel Ann C. Assumpico.

The case was prosecuted by Assistant U.S. Attorneys Sandra R. Hebert, Richard B. Myrus, and William J. Ferland.

]]>https://www.fraudswatch.com/mortgage-fraud-hasan-hussain-masterminded-a-scheme-that-defrauded-distressed-homeowners-investors-and-financial-institutions/feed/064374Online Scams You Need to Avoid Todayhttps://www.fraudswatch.com/online-scams-you-need-to-avoid-today/
https://www.fraudswatch.com/online-scams-you-need-to-avoid-today/#respondSat, 05 Jan 2019 05:34:32 +0000https://www.fraudswatch.com/?p=61169[Read More]]]>Today with modernization and lifestyle evolution, new forms of convenience and speed appear in our everyday actions, but the forms of theft and deception evolve in different forms.

We truly want to believe that the Internet is a safe place where you can’t fall for all types of online scams, but it’s always good reminder to do a “reality check”. We, humans, can become an easy target for malicious actors who want to steal our most valuable personal data.

Criminal minds can reach these days further than before, into our private lives, our homes and work offices. And there is little we can do about it. Attack tactics and tools vary from traditional attack vectors, which use malicious software and vulnerabilities present in almost all the programs and apps (even in the popular Windows operating systems), to ingenious phishing scams deployed from unexpected regions of the world, where justice can’t easily reach out to catch the eventual perpetrators.

According to a report from the Federal Trade Commission (FTC), Millenials are particularly more vulnerable to online scams than seniors, as shocking as it may seem. The research finds that “40 percent of adults age 20-29 who have reported fraud ended up losing money in a fraud case”.

1. Phishing email scams

More than one third of all security incidents start with phishing emails or malicious attachments sent to company employees, according to a new report from F-Secure.

Phishing scams continue to evolve and be a significant online threat for both users and organizations that could see their valuable data in the hands of malicious actors.

The effects of phishing attacks can be daunting, so it is essential to stay safe and learn how to detect and prevent these attacks.

Phishing scams are based on communication made via email or on social networks. In many cases, cyber criminals will send users messages/emails by trying to trick them into providing them valuable and sensitive data ( login credentials – from bank account, social network, work account, cloud storage) that can prove to be valuable for them.

Moreover, these emails will seem to come from an official source (like bank institutions or any other financial authority, legitime companies or social networks representatives for users.)

This way, they’ll use social engineering techniques by convincing you to click on a specific (and) malicious link and access a website that looks legit, but it’s actually controlled by them. You will be redirect to a fake login access page that resembles the real website. If you’re not paying attention, you might end up giving your login credentials and other personal information.

We’ve seen many spam email campaigns in which phishing were the main attack vector for malicious criminals used to spread financial and data stealing malware.

In order for their success rate to grow, scammers create a sense of urgency. They’ll tell you a frightening story of how your bank account is under threat and how you really need to access as soon as possible a site where you must insert your credentials in order to confirm your identity or your account.

After you fill in your online banking credentials, cyber criminals use them to breach your real bank account or to sell them on the dark web to other interested parties.

Here’s an example of a sophisticated email scam making the rounds that you should be very careful.

2. The Nigerian scam

Probably one of the oldest and most popular Internet scam used mostly by a member of a Nigerian family with wealth to trick different people. It is also known as “Nigerian 419”, and named after the section of Nigeria’s Criminal Code which banned the practice.

A typical Nigerian scam involves an emotional email, letter, text message or social networking message coming from a scammer (which can be an official government member, a businessman or a member of a very wealthy family member – usually a woman) who asks you to give help in retrieving a large sum of money from a bank, paying initially small fees for papers and legal matters. In exchange for your help, they promise you a very large sum of money.

They will be persistent and ask you to pay more and more money for additional services, such as transactions or transfer costs. You’ll even receive papers that are supposed to make you believe that it’s all for real. In the end, you are left broke and without any of the promised money.

3. Greeting card scams

Whether it’s Christmas or Easter, we all get all kind of holiday greeting cards in our email inbox that seem to be coming from a friend or someone we care.

Greeting card scams are another old Internet scams used by malicious actors to inject malware and harvest users’ most valuable data.

If you open such an email and click on the card, you usually end up with malicious software that is being downloaded and installed on your operating system. The malware may be an annoying program that will launch pop-ups with ads, unexpected windows all over the screen.

If your system becomes infected with such dangerous malware, you will become one of thebots which are part of a larger network of affected computers. If this happens, your computer will start sending private data and financial information to a fraudulent server controlled by IT criminals.I never thought cyber criminals could be so creative! Check out these online scams to stay away from

4. Bank loan or credit card scam

People can be easily scammed by “too good to be true” bank offers that might guarantee large amounts of money and have already been pre-approved by the bank. If such an incredible pre-approved loan is offered to you, ask yourself:

“How is it possible for a bank to offer you such a large sum of money without even checking and analyzing your financial situation?”

Though it may seem unlikely for people to get trapped by this scam, there’s still a big number of people who lost money by paying the “mandatory” processing fees required by the scammers.

Here are 9 warning signs and sneaky tactics to watch out and avoid becoming a business loan scam.

As regards to credit card scams, a recent report from the Identity Theft Resources Center said that the number of credit and debit card breaches have been on the rise last year. To better safeguard your data and prevent thieves from getting access to your payment card details, consider:

5. Lottery scam

This is another classic Internet scam which doesn’t seem to get old. A lottery scam comes as an email message informing you that you won a huge amount of money and, in order to claim your prize or winnings, you need to pay some small fees.

Since it addresses some of our wildest fantasies, such as quitting our jobs and living off the fortune for the rest of our lives, without ever having to work again, our imagination falls prey easily to amazing scenarios someone can only dream of.

But the dream ends as soon as you realize you have been just another scam victim. DO NOT fall for this online scam and have a look at this checklist to see if you are getting scammed.

6. Hitman scam

One of the most frequent Internet scams you can meet online is the “hitman” extortion attempt. Cyber criminals will send you an email threatening to extort money from you. This type of online scam may come in various forms, such as the one threatening that they will kidnap a family member unless a ransom is paid in a time frame provided by the scammers.

To create the appearance of a real danger, the message is filled with details from the victim’s life, collected from an online account, a personal blog or from a social network account.

That’s why it’s not safe to provide any sensitive or personal information about you on social media channels. It might seem like a safe and private place, where you’re only surrounded by friends, but in reality you can never know for sure who’s watching you.

7. Online dating (romance) scams

As the Internet plays an important role in our social lives, with apps like Facebook or Instagram we access everyday, it’s inevitable to use apps to look for love as well.

Online dating apps are very popular these days and they are a great way to meet your future life partners. I have actually an example with a friend of mine who was lucky enough to find her future husband on a dating site.

But not all scenarios have a “happy end” like this one, and you need to be very careful, because you never know who can you meet.

A romance scam usually takes place on social dating networks, like Facebook, or by sending a simple email to the potential target, and affect thousands of victims from all over the world.

The male scammers are often located in West Africa, while the female scammers are mostly from the eastern parts of Europe.

Cyber criminals have abused this scamming method for years by using the online dating services. They improved their approach just by testing the potential victims’ reactions.

According to a research published in the British Journal of Criminology last month, the techniques (and psychological methods) used by scammers in online romance scams are similar with those used in the domestic violence cases.

To avoid becoming a victim of these Internet scams, you need to learn how to better protect yourself.

Knowing that hundreds of women and men from all over the globe are victims of this online scams, we recommend using these security tips for defensive online dating, including warning signs that could help you from becoming an easy target.

I would also recommend reading these real stories and learn from them, so you don’t fall for these online scams:

8. Fake antivirus software

We all saw at least once this message on our screens: “You have been infected! Download antivirus X right now to protect your computer!”

Many of these pop-ups were very well created to look like legitimate messages that you might get from Windows or any other security product.

If you are lucky, there is nothing more than an innocent hoax that will bother you by displaying unwanted pop-ups on your screen while you browse online. In this case, to get rid of the annoying pop-ups, we recommend scanning your system usinga good antivirus product.

If you are not so lucky, your system can end up getting infected with malware, such as a Trojan or a keylogger. This kind of message could also come from one of the most dangerous ransomware threats around, such as CryptoLocker, which is capable of blocking and encrypting your operating system and requesting you a sum of money in exchange for the decryption key.

Also, make sure you do not click on pop-up windows that annoyingly warn you’ve been infected with virus. Remember to always apply the existing updates for your software products, and install only legitimate software programs from verified websites.

If you’ve been infected, you can use an antimalware tool such as Malwarebytes to try removing the malware infection or pay attention to these warning signs and learn how to find a doable solution.

9. Facebook impersonation scam (hijacked profile scam)

Facebook. Everyone is talking about it these days, and the scandal about Cambridge Analytica firm harvesting personal data taken from millions of this social media channel without users’ consent.

It’s still the most popular social media network where everyone is active and use it on a daily basis to keep in touch with friends and colleagues. Unfortunately, it has become also the perfect place for online scammers to find their victims.

Just imagine your account being hacked by a cyber criminal and gaining access to your close friends and family. Nobody wants that!

Since it is so important for your privacy and online security, you should be very careful in protecting your personal online accounts just the way you protect your banking or email account.

Facebook security wise, these tips might help you stay away from these online scams:

10. Make money fast scams (Economic scams)

Cyber criminals will lure you into believing you can make money easy and fast on the internet. They’ll promise you non-existent jobs, including plans and methods of getting rich quickly.

It is a quite simple and effective approach, because it addresses a basic need for money, especially when someone is in a difficult financial situation.

This scamming method is similar to the romance scam mentioned above, where the cyber attackers address the emotional side of victims. The fraudulent posting of non-existent jobs for a variety of positions is part of the online criminals’ arsenal.

Using various job types, such as work-at-home scams, the victim is lured into giving away personal information and financial data with the promise of a well paid job that will bring lots of money in a very short period of time.

Read and apply these ten tips that can help you avoid some of the most common financial scams.

11. Travel scams

These scams are commonly used during hot summer months or before the short winter vacations, for Christmas or New Year’s Day.

Here’s how it happens: you receive an email containing an amazing offer for an exceptional and hard to refuse destination (usually an exotic place) that expires in a short period of time which you can’t miss. If it sounds too good to be true, it might look like a travel scam, so don’t fall for it!

The problem is that some of these offers actually hide some necessary costs until you pay for the initial offer. Others just take your money without sending you anywhere.

In such cases, we suggest that you study carefully the travel offer and look for hidden costs, such as: airport taxes, tickets that you need to pay to access a local attraction, check if the meals are included or not, other local transportation fees between your airport and the hotel or between the hotel and the main attractions mentioned in the initial offer, etc.

As a general rule, we suggest that you go with the trustworthy, well known travel agencies. You can also check if by paying individually for plane tickets and for accommodation you receive the same results as in the received offer.

If you love to travel, you can easily fall prey to airline scams by simply looking for free airline tickets. Airline scams are some of the most popular travel scams, and we recommend applying these valuable tips.

12. Bitcoin scams

If you (want to) invest in Bitcoin technology, we advise you to be aware of online scams. Digital wallets can be open to hacking and scammers take advantage of this new technology to steal sensitive data.

Bitcoin transactions should be safe, but these five examples of Bitcoin scams show how they happen and how you can lose your money.

13. Fake news scam

The spread of fake news on the Internet is a danger to all of us, because it has an impact on the way we filter all the information we found and read on social media. It’s a serious problem that should concern our society, mostly for the misleading resources and content found online, making it impossible for people to distinguish between what’s real and what is not.

This type of scam could come in the form of a trustworthy website you know and often visit, but being a fake one created by scammers with the main purpose to rip you off. It could be a spoofing attack which is also involved in fake news, and refers to fake websites that might link you to a buy page for a specific product, where you can place an order using your credit card.

To avoid becoming a victim of online scams, you can use tech tools such asFact Check from Google orFacebook’s tool aimed at detecting whether a site is legitimate or not, analyzing its reputation and data.

Cyber security experts believe that these Internet scams represent a threat for both organizations and employees, exposing and infecting their computers with potential malware.

14. Fake shopping websites

We all love shopping and it’s easier and more convenient to do it on the Internet with a few clicks. But for your online safety, be cautious about the sites you visit. There are thousands of websites out there that provide false information, and might redirect you to malicious links, giving hackers access to your most valuable data.

If you spot a great online offer which is “too good to be true”, you might be tempting to say “yes” instantly, but you need to learnhow to spot a fake shopping siteso you don’t get scammed.

15. Loyalty points phishing scam

Many websites have a loyalty program to reward their customers for making different purchases, by offering points or coupons. This is subject to another online scam, because cyber criminals can target them and steal your sensitive data. If you think anyone wouldn’t want to access them, think again.

The most common attack is a phishing scam that looks like a real email coming from your loyalty program, but it’s not. Malicious hackers are everywhere, and it takes only one click for malware to be installed on your PC and for hackers to have access to your data.

As it might be difficult to detect these phishing scams, you may find useful this example of acurrent phishing campaign targets holders of Payback couponing cards, as well as some useful tips and tricks to avoid being phished.

16. Job offer scams

Sadly, there are scammers everywhere – even when you are looking for a job – posing as recruiters or employers. They use fake and “attractive” job opportunities to trick people.

It starts with a phone call (or a direct message on LinkedIn) from someone claiming to be a recruiter from a well-known company who saw your CV and saying they are interested in hiring you. Whether you’ve applied or not, the offer might be very appealing, but don’t fall into this trap.

To protect yourself from job offer scams, it’s very important to:

Do a thorough research about the company and see what information you can find about it;

Check the person who’s been contacted you on social media channels;

Ask for many details and references and check them out;

Ask your friends or trustworthy people if they know or interacted with the potential employer.

How this happens? You receive an urgent text message on your smartphone with a link attached saying that it’s from your bank and you need to access it in order to update your bank information, or other online banking information.

Be careful about these SMS you receive and don’t click on suspicious links that could redirect to malicious sites trying to steal your valuable data. These useful tips can help you easily spot these types of online scams.

18. Overpayment Online Scam

If you are considering selling different items on specialized online sites, we strongly recommend watching out for overpayment scam.

A typically overpayment online scam like this works by getting the potential victim “to refund” the scammer an extra amount of money because he/she send too much money. The offer will often be quite generous and bigger than the agreed price. The overpay (extra money) is to cover the costs of shipping or certain custom fees.

One such story can unfold right now and can happen to each of you. This happened to one of our Heimdal Security team members. After smiling a bit and seeing the method, we did realize that’s a common online scam and we had to share it with you. Also, we included a few security tips and actionable advice to prevent falling prey to overpayment online scam.

Our colleague posted a sofa for sale on a Danish site called dba.dk which is a sort of a flea market online. After a few days, he received a message from a person claiming to be interested in the item and willing to pay more than the price offered, via PayPal account.

Here’s how a scam email looks like in which the malicious person asks for personal information to transfer the money.

Also, here’s the confirmation email coming from the scammer which shows that he paid an extra amount for the sofa, including extra shipping fees and MoneyGram charges the extra fee for transportation.

After that, he also got another email saying that he needs to refund the extra amount of money, including the shipping and transportation charges to a certain shipping agent via MoneyGram transfer.

Here’s how the phishing email looks like that you should be very careful and don’t fall for it:

If you notice a suspicious email coming from untrusted source or something out of ordinary, you should report it as soon as possible.

If you receive a similar email like the one our colleague got, do not transfer extra money to someone you don’t know, especially if he/she wants to overpay. A legitimate buyer won’t do that.

Also, do not transfer money to a fake shipping company or some private shipping agent, because it’s part of scam and you need to be very careful.

Do not provide personal information to people who don’t show a genuine interest in buying your item.

Do not send the product to the buyer until the payment was completed and received in your bank account.

19. Tech Support Online Scams

Here’s another online scam that is common and you need to be extra careful. The next time your smartphone rings and you don’t know the number, think twice before answering. Maybe it’s not your friend on the other end of the phone, maybe it’s the scammer!

According to a recent report “nearly half of all cellphone calls next year will come from scammers”, so we need to learn how to better detect and prevent such malicious actions coming from skilled persons.

Tech support scams are very common and widespread these days. Scammers use various social engineering techniques to trick potential victims into giving their sensitive information. Even worst, they try to convince potential victims to pay for unnecessary technical support services.

These tech “experts” pretend to know everything about your computer, how it got hacked and many other details that help them gain your trust and convince victims to fall prey for their scams.

A scenario like this can happen as we write this, and one of our Heimdal Security team members recently got a phone scam call. While we got amused by the conversation he had with the person pretending to work for an Indian tech support company, we realized it can happen to anyone which can become an easy target.

What happened?

The person, pretending to be the representative of a software company and experienced one, is informing our colleague that his computer got hacked by cybercriminals, and offers to guide him and solve this urgent problem.

With poor English skills, he gives details about the serial number of the computer, and provide guidance to access the unique computer ID, trying to misrepresent normal system as having serious issues. After a few minutes, the call is transferred to another tech representative who informs our colleague that they detected unusual activity going through his computer. He’s been told that multiple attempts have been seen on the PC in which hackers tried to get unauthorized access to his computer.

Our colleague detected this as being scam and didn’t go along with it, but for someone without technical knowledge, it may not be so easy to spot.

If someone else would have fallen prey for this online scam, things would have gone even further. The so-called tech scammers could persuade the potential victim to give them remote access to the system. To “help” the victim, scammers mention about additional software that are required to be installed and victims need to pay for these software victims, hence, provide credit card details. You can find out more info here

How to avoid getting scammed by tech support “specialists”

To avoid becoming an easy target of these sneaky tech support scammers, we strongly recommend following these basic rules:

Do not trust phone calls coming from people pretending to come from tech “experts”, especially if they are requesting for personal or financial information;

DO NOT PROVIDE sensitive data to them or purchase any software services scammers may suggest you as a solution to fix your tech problem.

Make sure you download software apps and services only from official vendor sites;

Don’t take it for granted when a stranger calls you out of the blue, pretending to have a technical solution for your issues. Make sure you ask for proof of their identity and do a quick research about the company they are calling you from;

Always have an antivirus program installed on your computer, and for more protection, consider adding multiple layers of security with a proactive security solution, which will stop any type of online threats.

Have a security-first mindset and be suspicious about everything around you. Also, consider investing in education and learn as much as possible about cyber security. Here’s how you can reduce spam phone calls.

Conclusion

Since some scams are so well organized and really convincing, and people behind them so difficult to catch, we need to always keep our guard up. Stay informed about the latest scamming strategies.

SACRAMENTO, Calif. — On Thursday, a federal grand jury returned a 13-count indictment against Eric Lemoyne Willis, 42, of West Sacramento, and Darron Dimitri Ross, 33, of Charlotte, North Carolina, charging them with conspiracy to defraud and commit crimes against the United States, theft of government property, aggravated identity theft, and wire fraud, U.S. Attorney McGregor W. Scott announced.

According to court documents, Willis and Ross allegedly conspired to steal public money from the Social Security Administration (SSA). Willis worked as an SSA Operation Supervisor in Sacramento and Lodi from 2015 until his departure in January 2018. During this timeframe, Willis used his authority as an SSA employee to access the confidential Social Security records of numerous Social Security beneficiaries. These records contained personally identifiable information (PII) including names, addresses, social security numbers, dates of birth, account numbers, family information, and benefit payment amounts. Willis would seek out PII for beneficiaries who used direct deposit for payment of large benefits. Willis then gave this PII to Ross who resided in North Carolina.

Ross’s role in these crimes included calling numerous SSA field offices across the country and using the stolen PII to impersonate the beneficiaries. Ross also opened at least 44 online bank accounts under fraudulent identities to receive diverted SSA benefit payments. If Ross succeeded in convincing an SSA representative that he was the beneficiary, he would request that the beneficiary’s direct deposit account be changed to one of Ross’s fraudulent accounts. The SSA then proceeded to deposit benefit payments into Ross’s account until the fraud was detected. Ross was then free to withdraw the funds at ATMs and spend the money using debit cards. Ross also transferred a portion of the stolen proceeds to Willis for his participation in these crimes.

SSA has identified at least 148 beneficiaries targeted by these crimes, and the total fraud loss suffered by SSA has exceeded $450,000. Willis and Ross spent the proceeds of their crimes on, among other things, trips to Las Vegas and luxury items including Rolex watches.

This case is the product of an investigation by the Social Security Administration – Office of the Inspector General and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.

Federal agents arrested Willis and Ross last week based on a criminal complaint. Willis was released on bond in Sacramento, and Ross was detained pending his appearance in the Eastern District of California.

If convicted of wire fraud, Willis and Ross face a maximum statutory penalty of 20 years in prison and a $250,000 fine. If convicted of aggravated identity theft, they each face a mandatory sentence of two years in prison consecutive to any other sentence imposed. The maximum sentence for theft of government property is 10 years in prison and a $250,000 fine. The maximum sentence for conspiracy is five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

TULSA, Okla. – Hongjin Tan, a 35 year old Chinese national and U.S. legal permanent resident, was arrested on Dec. 20 and charged with theft of trade secrets. Tan is alleged to have stolen the trade secrets from his employer, a U.S. petroleum company.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Trent Shores for the Northern District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI Oklahoma City Field Office.

“The United States filed a criminal complaint against a Chinese national alleging the theft of intellectual property from a company with significant operations in Oklahoma,” said U.S. Attorney Shores. “The value of the trade secrets in this case is estimated to be more than $1 billion dollars. Theft of critical research, development, and other intellectual property harms the economic prosperity and security of the United States. My office and the Federal Bureau of Investigation will utilize all tools available to respond to these types of threats. We will protect Oklahomans and Oklahoma businesses by prosecuting those who violate the law.”

"Hongjin Tan allegedly stole trade secrets related to a product worth more than $1 billion from his U.S.-based petroleum company employer, to use for the benefit of a Chinese company where he was offered employment," said Assistant Attorney General Demers. "The theft of intellectual property harms American companies and American workers. As our recent cases show, all too often these thefts involve the Chinese government or Chinese companies. The Department recently launched an initiative to protect our economy from such illegal practices emanating from China, and we continue to make this a top priority."

Tan made an initial appearance Thursday before U.S. Magistrate Judge Jodi F. Jayne. A preliminary and detention hearing has been set for Dec. 26.

According to the criminal complaint, Tan allegedly stole trade secrets from a U.S.-based petroleum company regarding the manufacture of a “research and development downstream energy market product.” The company’s methods of developing the product are of great value, both economically and to competitors. Until recently, Tan worked for the petroleum company and allegedly downloaded hundreds of files, including files related to the manufacture of the product. Investigators allege that Tan was offered a job at a company in China where he planned to use these files to benefit his new employer. Tan has been residing in the United States for the past 12 years.

A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The FBI conducted this investigation.

Assistant U.S. Attorney Joel-lyn A. McCormick of the Northern District of Oklahoma is prosecuting the case, with assistance from Trial Attorneys Matthew R. Walczewski and Matthew J. McKenzie of the National Security Division’s Counterintelligence and Export Control Section (CES) and Assistant Deputy Chief Brian J. Resler of the Criminal Division’s Computer Crimes and Intellectual Property Section (CCIPS).

Defendants Were Members of the APT 10 Hacking Group Who Acted in Association with the Tianjin State Security Bureau and Engaged in Global Computer Intrusions for More Than a Decade, Continuing into 2018, Including Thefts from Managed Service Providers

Rod J. Rosenstein, the Deputy Attorney General of the United States, Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), Dermot F. O’Reilly, Director of the Defense Criminal Investigative Service (“DCIS”) of the U.S. Department of Defense, and John C. Demers, the Assistant Attorney General for National Security, announced today the unsealing of an indictment charging ZHU HUA (朱华), a/k/a “Afwar,” a/k/a “CVNX,” a/k/a “Alayos,” a/k/a “Godkiller,” and ZHANG SHILONG (张士龙), a/k/a “Baobeilong,” a/k/a “Zhang Jianguo,” a/k/a “Atreexp,” both nationals of the People’s Republic of China (“China”), with conspiracy to commit computer intrusions, conspiracy to commit wire fraud, and aggravated identity theft.

ZHU and ZHANG were members of a hacking group operating in China known within the cyber security community as Advanced Persistent Threat 10 (the “APT10 Group”). The defendants worked for a company in China called Huaying Haitai Science and Technology Development Company (“Huaying Haitai”) and acted in association with the Chinese Ministry of State Security’s Tianjin State Security Bureau.

Through their involvement with the APT10 Group, from at least in or about 2006 up to and including in or about 2018, ZHU and ZHANG conducted global campaigns of computer intrusions targeting, among other data, intellectual property and confidential business and technological information at managed service providers (“MSPs”), which are companies that remotely manage the information technology infrastructure of businesses and governments around the world, more than 45 technology companies in at least a dozen U.S. states, and U.S. government agencies. The APT10 Group targeted a diverse array of commercial activity, industries, and technologies, including aviation, satellite, and maritime technology, industrial factory automation, automotive supplies, laboratory instruments, banking and finance, telecommunications and consumer electronics, computer processor technology, information technology services, packaging, consulting, medical equipment, healthcare, biotechnology, pharmaceutical manufacturing, mining, and oil and gas exploration and production. Among other things, ZHU and ZHANG registered IT infrastructure that the APT10 Group used for its intrusions and engaged in illegal hacking operations.

Rod J. Rosenstein, the Deputy Attorney General of the United States said: “The indictment alleges that the defendants were part of a group that hacked computers in at least a dozen countries and gave China’s intelligence service access to sensitive business information. This is outright cheating and theft, and it gives China an unfair advantage at the expense of law-abiding businesses and countries that follow the international rules in return for the privilege of participating in the global economic system.”

Manhattan U.S. Attorney Geoffrey S. Berman said: “It is galling that American companies and government agencies spent years of research and countless dollars to develop their intellectual property, while the defendants simply stole it and got it for free. As a nation, we cannot, and will not, allow such brazen thievery to go unchecked.”

FBI Director Christopher A. Wray said: “Healthy competition is good for the global economy, but criminal conduct is not. This is conduct that hurts American businesses, American jobs, and American consumers. No country should be able to flout the rule of law – so we’re going to keep calling out this behavior for what it is: illegal, unethical, and unfair. It's going to take all of us working together to protect our economic security and our way of life, because the American people deserve no less.”

DCIS Director Dermot F. O’Reilly said: “The theft of sensitive defense technology and cyber intrusions are major national security concerns and top investigative priorities for the DCIS. The indictments unsealed today are the direct result of a joint investigative effort between DCIS and its law enforcement partners to vigorously investigate individuals and groups who illegally access information technology systems of the U.S. Department of Defense and the Defense Industrial Base. DCIS remains vigilant in our efforts to safeguard the integrity of the Department of Defense and its enterprise of information technology systems.”

According to the allegations in the Indictment unsealed today in Manhattan federal court:

Overview

ZHU HUA (朱华), a/k/a “Afwar,” a/k/a “CVNX,” a/k/a “Alayos,” a/k/a “Godkiller,” and ZHANG SHILONG (张士龙), a/k/a “Baobeilong,” a/k/a “Zhang Jianguo,” a/k/a “Atreexp,” the defendants, both nationals of China, were members of a hacking group operating in China known within the cyber security community as the APT10 Group, or alternatively as “Red Apollo,” “CVNX,” “Stone Panda,” “MenuPass,” and “POTASSIUM.” The defendants worked for Huaying Haitai in Tianjin, China, and acted in association with the Chinese Ministry of State Security’s Tianjin State Security Bureau. From at least in or about 2006 up to and including in or about 2018, members of the APT10 Group, including ZHU and ZHANG, conducted extensive campaigns of intrusions into computer systems around the world. The APT10 Group used some of the same online facilities to initiate, facilitate, and execute its campaigns during the conspiracy.

Most recently, beginning at least in or about 2014, members of the APT10 Group, including ZHU and ZHANG, engaged in an intrusion campaign to obtain unauthorized access to the computers and computer networks of MSPs for businesses and governments around the world (the “MSP Theft Campaign”). The APT10 Group targeted MSPs in order to leverage the MSPs’ networks to gain unauthorized access to the computers and computer networks of the MSPs’ clients and to steal, among other data, intellectual property and confidential business data on a global scale. For example, through the MSP Theft Campaign, the APT10 Group obtained unauthorized access to the computers of an MSP that had offices in the Southern District of New York and compromised the data of that MSP and certain of its clients involved in banking and finance, telecommunications and consumer electronics, medical equipment, packaging, manufacturing, consulting, healthcare, biotechnology, automotive, oil and gas exploration, and mining.

Earlier, beginning in or about 2006, members of the APT10 Group, including ZHU and ZHANG, engaged in an intrusion campaign to obtain unauthorized access to the computers and computer networks of more than 45 technology companies and U.S. government agencies, in order to steal information and data concerning a number of technologies (the “Technology Theft Campaign”). Through the Technology Theft Campaign, the APT10 Group stole hundreds of gigabytes of sensitive data and targeted the computers of victim companies involved in aviation, space and satellite technology, manufacturing technology, pharmaceutical technology, oil and gas exploration and production technology, communications technology, computer processor technology, and maritime technology.

In furtherance of the APT10 Group’s intrusion campaigns, ZHU and ZHANG, among other things, worked for Huaying Haitai and registered malicious domains and infrastructure. In addition, ZHU, a penetration tester, engaged in hacking operations on behalf of the APT10 Group and recruited other individuals to the APT10 Group, and ZHANG developed and tested malware for the APT10 Group.

The MSP Theft Campaign

In furtherance of the MSP Theft Campaign, ZHU, ZHANG, and their coconspirators in the APT10 Group engaged in the following criminal conduct:

First, after the APT10 Group gained unauthorized access into the computers of an MSP, the APT10 Group installed multiple variants of malware on MSP computers around the world. To avoid antivirus detection, the malware was installed using malicious files that masqueraded as legitimate files associated with the victim computer’s operating system. Such malware enabled members of the APT10 Group to monitor victims’ computers remotely and steal user credentials.

Second, after stealing administrative credentials from computers of an MSP, the APT10 Group used those stolen credentials to connect to other systems within an MSP and its clients’ networks. This enabled the APT10 Group to move laterally through an MSP’s network and its clients’ networks and to compromise victim computers that were not yet infected with malware.

Third, after identifying data of interest on a compromised computer and packaging it for exfiltration using encrypted archives, the APT10 Group used stolen credentials to move the data of an MSP client to one or more other compromised computers of the MSP or its other clients’ networks before exfiltrating the data to other computers controlled by the APT10 Group.

Over the course of the MSP Theft Campaign, ZHU, ZHANG, and their coconspirators in the APT10 Group successfully obtained unauthorized access to computers providing services to or belonging to victim companies located in at least 12 countries, including Brazil, Canada, Finland, France, Germany, India, Japan, Sweden, Switzerland, the United Arab Emirates, the United Kingdom, and the United States. The victim companies included at least the following: a global financial institution, three telecommunications and/or consumer electronics companies; three companies involved in commercial or industrial manufacturing; two consulting companies; a healthcare company; a biotechnology company; a mining company; an automotive supplier company; and a drilling company.

The Technology Theft Campaign

Over the course of the Technology Theft Campaign, which began in or about 2006, ZHU, ZHANG, and their coconspirators in the APT10 Group successfully obtained unauthorized access to the computers of more than 45 technology companies and U.S. Government agencies based in at least 12 states, including Arizona, California, Connecticut, Florida, Maryland, New York, Ohio, Pennsylvania, Texas, Utah, Virginia, and Wisconsin. The APT10 Group stole hundreds of gigabytes of sensitive data and information from the victims’ computer systems, including from at least the following victims: seven companies involved in aviation, space and/or satellite technology; three companies involved in communications technology; three companies involved in manufacturing advanced electronic systems and/or laboratory analytical instruments; a company involved in maritime technology; a company involved in oil and gas drilling, production, and processing; and the NASA Goddard Space Center and Jet Propulsion Laboratory. In addition to those victims who had information stolen, ZHU, ZHANG, and their coconspirators successfully obtained unauthorized access to computers belonging to more than 25 other technology-related companies involved in, among other things, industrial factory automation, radar technology, oil exploration, information technology services, pharmaceutical manufacturing, and computer processor technology, as well as the U.S. Department of Energy’s Lawrence Berkeley National Laboratory.

Finally, the APT10 Group compromised more than 40 computers in order to steal sensitive data belonging to the Navy, including the names, Social Security numbers, dates of birth, salary information, personal phone numbers, and email addresses of more than 100,000 Navy personnel.

ZHU HUA (朱华), a/k/a “Afwar,” a/k/a “CVNX,” a/k/a “Alayos,” a/k/a “Godkiller,” and ZHANG SHILONG (张士龙), a/k/a “Baobeilong,” a/k/a “Zhang Jianguo,” a/k/a “Atreexp,” the defendants, are citizens and residents of China. ZHU and ZHANG are each charged with one count of conspiracy to commit computer intrusions, which carries a maximum sentence of five years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge.

The case was investigated by the FBI, including the New Orleans, New Haven, Houston, New York, Sacramento, and San Antonio Field Offices; DCIS; and the U.S. Naval Criminal Investigative Service (“NCIS”). Mr. Berman praised the outstanding investigative work of, and collaboration among, the FBI, DCIS, and NCIS. He also thanked the United States Attorney’s Office for the District of Connecticut and the Department of Defense’s Computer Forensic Laboratory for their assistance in the investigation.

The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Sagar K. Ravi is in charge of the prosecution, with assistance provided by Trial Attorney Matthew Chang of the National Security Division’s Counterintelligence and Export Control Section.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

]]>https://www.fraudswatch.com/financial-fraud-zhu-hua-and-zhang-shilong-indicted-for-thefts-from-managed-service-providers/feed/060853Financial Fraud: Robin Ann Bertelli Sentenced For One Count of Bank Fraud And One Count Of Aggravated Identity Thefthttps://www.fraudswatch.com/financial-fraud-robin-ann-bertelli-sentenced-for-one-count-of-bank-fraud-and-one-count-of-aggravated-identity-theft/
https://www.fraudswatch.com/financial-fraud-robin-ann-bertelli-sentenced-for-one-count-of-bank-fraud-and-one-count-of-aggravated-identity-theft/#respondThu, 20 Dec 2018 05:59:41 +0000https://www.fraudswatch.com/?p=60845[Read More]]]>Woman Sentenced to Seven Years in Federal Prison After Stealing from an Elderly Widow and Her Deceased Son, a Former Navy SEAL

Stole Nearly $200,000, Including an Inheritance the Navy SEAL Received After He Reportedly Drowned in Puerto Rico

A woman who stole the identities of an elderly woman and her deceased son, a former Navy SEAL, in order to withdraw nearly $200,000 from their bank accounts, was sentenced December 18, 2018, to seven years in federal prison.

Robin Ann Bertelli, age 61, from Cedar Rapids, Iowa, received the prison term after a May 17, 2018 guilty plea to one count of bank fraud and one count of aggravated identity theft.

In a plea agreement, and at her plea hearing, Bertelli admitted that, in 2013 she began a romantic relationship a former Navy SEAL, who resided with his elderly and widowed mother in rural Central City, Iowa. Bertelli soon moved into the home the widow and her son shared. The widow was unable to walk to her mailbox to get her mail, and Bertelli stole mail, including mail from the widow’s financial institution, Collins Community Credit Union (“CCCU”).

In December 2015, the former Navy SEAL received an inheritance of approximately $18,000 from a relative and deposited this inheritance into his checking account at CCCU. In February 2016, defendant and the former Navy SEAL travelled together to Puerto Rico for a vacation. On that trip, the former Navy SEAL unexpectedly died. Bertelli reported to others that the former Navy SEAL went swimming, hit his head on a rock, and accidentally drowned.

Family members of the former Navy SEAL ultimately discovered that Bertelli had stolen blank CCCU checks from the former Navy SEAL and his mother. From July 2013 through September 2016, Bertelli fraudulently made over 60 checks payable to herself, inserted a dollar amount, and forged their signatures. Bertelli deposited these forged checks into her own account at NXT Bank, causing transfers of funds from the CCCU accounts of the former Navy SEAL and his mother into Bertelli’s account at NXT Bank. The three transfers from the former Navy SEAL’s CCCU account all occurred after the date of his death. In total, Bertelli stole a total of $192,500 from the CCCU accounts of the former Navy SEAL and his mother. Bertelli used the stolen funds for her own purposes, including to purchase a luxury car and purses.

Bertelli was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bertelli was sentenced to 84 months’ imprisonment. She was ordered to make $192,500 in restitution to her victims. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.

At the sentencing, Judge Reade found Bertelli had an “extremely high risk to recidivate” and pointed out that Bertelli had a number of prior state court theft convictions for which she had received no time in jail—including a six-figure embezzlement from a prior employer. Judge Reade characterized Bertelli as an “opportunist” whose acts were “shameful.” Judge Reade found that, if not confined or under court-ordered supervision, Bertelli “will steal again.” Judge Reade also noted Bertelli had two prior drunk driving convictions, limited legal employment, and violated the court’s orders by using alcohol while on pretrial release.

The prosecution of Bertelli is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.

The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

Bertelli is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.

CHICAGO — Seven Chicago-area residents are among nine individuals arrested in the United States and Nigeria as part of an international investigation into online “romance scams” and “mystery shopper” schemes.

During the Chicago-based investigation, dubbed “Operation Gold Phish,” law enforcement identified a variety of cyber-enabled fraud schemes allegedly carried out by conspirators in the U.S. and Nigeria. One of the alleged schemes involved “romance scams,” in which a conspirator builds trust with a victim through a purported online romance before convincing the victim to send money to a predetermined recipient. The conspirators initially contacted victims online via applications and websites, including Match.com, Facebook, and Instagram, the complaint states. Another alleged cyber-enabled fraud involved a “mystery shopper” scheme, in which conspirators fraudulently offered victims opportunities to work as a mystery shopper and receive commissions for evaluating retailers. The victim received a check through the U.S. mail with instructions to deposit it in a personal bank account, withdraw the money in cash, and wire it to a third party. The check turned out to be fake, and the victims were defrauded of the wired money, the charges allege.

A criminal complaint filed Dec. 4, 2018, in U.S. District Court in Chicago charged nine defendants with conspiracy to commit wire fraud. Arrests were recently carried out in Illinois, Texas, and Nigeria, and all of the defendants are now in law enforcement custody. The Nigerian Economic and Financial Crimes Commission is conducting a related investigation of other individuals in Nigeria.

The U.S. charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. Valuable assistance was provided by the Nigerian Economic and Financial Crimes Commission. Assistant U.S. Attorneys Peter S. Salib and Charles W. Mulaney represent the government.

Arrested on the U.S. charges in Illinois were DANIEL SAMUEL ETA, also known as “Captain” and “Etaoko,” 35, of Skokie; BABATUNDE LADEHINDE LABIYI, also known as “Junior,” 20, of Chicago; BARNABAS OGHENERUKEVWE EDJIEH, 29, of Chicago; SULTAN OMOGBADEBO ANIFOWOSHE, also known as “Ayinde,” 26, of Chicago; BABATUNDE IBRAHEEM AKARIGIDI, also known as “AK,” 39, of Chicago; MIRACLE AYOKUNLE OKUNOLA, 21, of Chicago; and OLUROTIMI AKITUNDE IDOWU, also known as “Idol,” 55, of Chicago. Arrested in Texas was ADEWALE ANTHONY ADEWUMI, 27, of Richardson, Texas. Arrested in Nigeria was OLANIYI ADELEYE OGUNGBAIYE, also known as “DonChiChi,” 26, of Lagos, Nigeria.

In addition to the romance and mystery shopper schemes, the complaint accuses the conspirators of engaging in various other cyber-enabled scams, including investment and employment frauds. The conspirators also defrauded victims by targeting corporate email accounts, the complaint states. In the email scam, known as a business email compromise, the conspirators fraudulently obtained usernames and passwords or sent “spoofing” email messages that claimed to be from a company employee, instructing the victim to change the wire instructions for bank payments. Per the instructions given in the fraudulent emails, the victims unknowingly wired funds to bank accounts controlled by the conspirators that had been opened in fictitious names utilizing fake passports, the complaint states.

The charge in the complaint carries a maximum sentence of 20 years in prison. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.

The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

]]>https://www.fraudswatch.com/financial-fraud-group-of-9-individuals-charged-in-romance-scams-and-mystery-shopper-schemes/feed/060842Financial Fraud: IAV GmbH (IAV) Plead Guilty To One Criminal Felony Count And His Role In a Long-Running Scheme For Volkswagen AG (VW)https://www.fraudswatch.com/financial-fraud-iav-gmbh-iav-plead-guilty-to-one-criminal-felony-count-and-his-role-in-a-long-running-scheme-for-volkswagen-ag-vw/
https://www.fraudswatch.com/financial-fraud-iav-gmbh-iav-plead-guilty-to-one-criminal-felony-count-and-his-role-in-a-long-running-scheme-for-volkswagen-ag-vw/#commentsTue, 18 Dec 2018 17:59:46 +0000https://www.fraudswatch.com/?p=60836[Read More]]]>IAV GmbH to Pay $35 Million Criminal Fine in Guilty Plea for Its Role in Volkswagen AG Emissions Fraud

IAV GmbH (IAV), a German company that engineers and designs automotive systems, has agreed to plead guilty to one criminal felony count and pay a $35 million criminal fine as a result of the company’s role in a long-running scheme for Volkswagen AG (VW) to sell diesel vehicles in the United States by using a defeat device to cheat on U.S. vehicle emissions tests required by federal law.

Principal Deputy Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Matthew J. Schneider of the Eastern District of Michigan, Deputy Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division, Assistant Administrator Susan Bodine of the EPA’s Office of Enforcement and Compliance Assurance and Special Agent in Charge Timothy R. Slater of FBI’s Detroit Division made the announcement.

IAV is charged with and has agreed to plead guilty to one count of conspiracy to defraud the United States and VW’s U.S. customers and to violate the Clean Air Act by misleading the EPA and U.S. customers about whether certain VW- and Audi-branded diesel vehicles complied with U.S. vehicle emissions standards. IAV and its co-conspirators knew the vehicles did not meet U.S. emissions standards, worked collaboratively to design, test, and implement cheating software to cheat the U.S. testing process, and IAV was aware the VW concealed material facts about its cheating from federal and state regulators and U.S. customers. Under the terms of the plea agreement, which must be accepted by the court, IAV will plead guilty to this crime, will serve probation for two years, will be under an independent corporate compliance monitor who will oversee the company for two years, and will fully cooperate in the Justice Department’s ongoing investigation and prosecution of individuals responsible for these crimes. Pursuant to the U.S. Sentencing Guidelines, IAV’s $35 million fine was set according to the company’s inability to pay a higher fine amount without jeopardizing its continued viability. IAV is scheduled to appear for a change of plea hearing before the Honorable Sean F. Cox of the U.S. District Court for the Eastern District of Michigan on Jan. 18, 2019 at 9:30 a.m.

“Today’s guilty plea shows that this scheme to evade automotive emissions tests and cheat the American public and the U.S. government extended well beyond Volkswagen,” said Principal Deputy Assistant Attorney General Cronan. “Our investigation into emissions cheating is ongoing and we will follow the evidence wherever it leads.”

“By helping VW cheat on U.S. emissions tests in violation of the Clean Air Act, IAV put its corporate success over public health and unfairly disadvantaged its competitors,” said Deputy Assistant Attorney General Williams. “The Department of Justice will continue to work with its law enforcement partners to ensure that companies like IAV play fair and that all Americans can enjoy the protections of our nation’s environmental laws.”

“IAV participated in Volkswagen’s deception of American regulators and fraud on American consumers,” said U.S. Attorney Matthew Schneider. “As this guilty plea demonstrates, our office will continue to aggressively prosecute corporate criminals, even when they work at some of the world’s largest, most prominent companies.”

“IAV designed the software that allowed VW to cheat U.S. air emissions standards,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “EPA and its law enforcement partners will not tolerate actions like this that put profit above public health and environmental protection.”

“Americans rightly expect corporations to operate honestly,” said FBI Special Agent in Charge Slater. “This case sends a clear message that the FBI and its partners will hold corporations accountable when they defraud consumers and violate federal laws.”

The guilty plea of IAV represents the most recent charges in an ongoing investigation by U.S. criminal authorities into unprecedented emissions cheating by VW. In March 2017, VW pleaded guilty to criminal charges that it deceived U.S. regulatory agencies, including the EPA and the California Air Resources Board, by installing defeat devices in diesel vehicles emissions control systems that were designed to cheat emissions tests. As part of its plea agreement with the Department, VW paid a criminal fine of $2.8 billion and agreed to an independent corporate compliance monitor for three years. Eight individuals were previously indicted in connection with this matter, two of whom have pleaded guilty and been sentenced. The other six charged defendants are believed to reside in Germany.

According to the statement of facts that will be filed with the court in IAV’s case, in 2006, VW engineers began to design a new diesel engine to meet stricter U.S. emissions standards that would take effect by model year 2007. This new engine would be the cornerstone of a new project to sell diesel vehicles in the United States that would be marketed to buyers as “clean diesel.” When the co-conspirators realized that they could not design a diesel engine that would both meet the stricter standards for nitrogen oxides (Nox) and attract sufficient customer demand in the U.S. market, they decided they would use a software function to cheat the U.S. emissions tests.

VW delegated certain tasks associated with designing its new “Gen 1” diesel engine to IAV, including parts of software development, diesel development and exhaust after-treatment. In November 2006, a VW employee requested that an IAV employee assist in the design of defeat device software for use in the diesel engine. The IAV employee agreed to do so and prepared documentation for a software design change to recognize whether a vehicle was undergoing standard U.S. emissions testing on a dynamometer or it was being driven on the road under normal driving conditions. If the software detected that the vehicle was not being tested, the vehicle’s emissions control systems were reduced substantially, causing the vehicle to emit substantially higher NOx, sometimes 35 times higher than U.S. standards.

By at least 2008, an IAV manager knew the purpose of the defeat device software, instructed IAV employees to continue working on the project and directed IAV employees to route VW’s requests regarding the defeat device software through him; the manager was involved in coordinating IAV’s continued work on it.

Starting with the first model year (2009) of VW’s new “clean diesel” Gen 1 engine, through model year 2014, IAV and its co-conspirators caused defeat device software to be installed on all of the approximately 335,000 Gen 1 vehicles that VW sold in the United States.

This case was investigated by the FBI and EPA-Criminal Investigation Division. The prosecution and corporate investigation are being handled by Trial Attorneys Philip Trout, Mark Cipolletti and Gary Winters of the Criminal Division’s Fraud Section; Senior Trial Attorney Jennifer Blackwell of the Environment and Natural Resources Division’s Environmental Crimes Section; and White Collar Crime Unit Chief John K. Neal of the Eastern District of Michigan. The Criminal Division’s Office of International Affairs also assisted in the case. The Justice Department also extends its thanks to the Office of the Public Prosecutor in Braunschweig, Germany.

]]>https://www.fraudswatch.com/financial-fraud-iav-gmbh-iav-plead-guilty-to-one-criminal-felony-count-and-his-role-in-a-long-running-scheme-for-volkswagen-ag-vw/feed/160836Financial Fraud: Thomas Michael White Convicted In Connection With a Scheme To Fraudulently Raise From Over a Dozen Elderly Victimshttps://www.fraudswatch.com/financial-fraud-thomas-michael-white-convicted-in-connection-with-a-scheme-to-fraudulently-raise-from-over-a-dozen-elderly-victims/
https://www.fraudswatch.com/financial-fraud-thomas-michael-white-convicted-in-connection-with-a-scheme-to-fraudulently-raise-from-over-a-dozen-elderly-victims/#respondTue, 18 Dec 2018 05:31:55 +0000https://www.fraudswatch.com/?p=60833[Read More]]]>Broward County Resident Convicted by Trial Jury of Participating in a Two Million Dollar Securities Fraud Conspiracy Scheme that Targeted the Elderly

On December 13, 2018, a Broward County resident was convicted by a federal jury of one count of conspiracy to commit mail and wire fraud and four counts of mail fraud, in connection with a scheme to fraudulently raise $2 million from over a dozen elderly victims throughout the United States.

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Pamela Epting, Interim Commissioner, Florida Office of Financial Regulation (OFR), made the announcement.

Thomas Michael White, 60, of Parkland, Florida, was convicted by a federal jury after a two week trial before U.S. District Judge Beth Bloom in Miami (Case No. 18-60174-CR-Bloom). White faces a maximum statutory sentence of twenty years in prison for the mail and wire fraud conspiracy count, twenty years in prison for each mail fraud count, and a fine up to $250,000 or double the proceeds as to each count of conviction. White is scheduled to be sentenced by Judge Bloom on February 26, 2019.

According to the court record, including evidence introduced at trial, White was President and CEO of First Call Ventures, LLC, the parent company of First Call Movers & Transport of Florida, LLC, a moving company that also brokered customer moves for other companies. From November 2011 through mid-2014, White ran the Broward-based moving business’ call center that booked moves throughout the Southeast. He also oversaw a "phone room" out of his corporate offices to raise money from investors. During telephone calls, White and his co-conspirators used false statements, manipulation, and high-pressure tactics to target elderly investors (victims) and their retirement money. The victims included retired teachers, farmers, small business owners, and homemakers, from across the United States. When his targets did not have available funds to invest, White tricked them into converting their Individual Retirement Account ("IRA") money and transferring the funds to his corporate bank account. White promised his investors that their money was safe and secure, would be returned after a year, and yield high-value interest payments to be paid on a monthly basis. White and his co-conspirators provided written and oral "Investor Reports" that falsely conveyed security and profitability of the First Call Ventures moving business. As a result, White and his conspirators were given a total of more than $2 million from over a dozen senior citizens.

In truth and fact, White and his partners used the investors’ money for themselves, including millions in cash and bank check payments. Bank records also demonstrated that over the course of the fraud scheme, White withdrew over $130,000 in investor proceeds at the Seminole Coconut Creek casino. White and his partners siphoned all profits and victim money to their own personal accounts, declared a $1.8 million "loss," and shuttered the business. As a result of the fraudulent scheme, some of the senior citizens are now living on food stamps, lost their homes, or were forced to take on odd jobs for income.

Four other individuals tied to this case and a related indictment previously pled guilty. White's co-defendants, John Kevin Reech, 56, of Delray Beach, Florida, and Joseph Mario Genzone, 53, of Boca Raton, Florida, previously pled guilty. Genzone and Reech were also recently charged by Information for operating a separate offering fraud (Case No. 18-80193-CR-Bloom). Reech pled guilty in both matters and was sentenced to a concurrent term of 51 months in prison. Genzone also pled guilty and is scheduled to be sentenced by Judge Bloom on December 21, 2018, in both cases. Daniel Joseph Touizer, 44, of Aventura, Florida was sentenced to 68 month in prison for leading a similar fraud scheme linked to White and Reech’s criminal conduct (Case No. 17-60286-CR-Bloom). Saul Daniel Suster, 66, of Sunny Isles Beach, Florida, a phone room worker of Touizer's, was sentenced to 30 months in prison.

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and Florida Office of Financial Regulation in this matter. This case is being prosecuted by Assistant U.S. Attorney Roger Cruz.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

HUNTINGTON, W.Va. – A Hurricane man and former West Virginia Cabinet Secretary was sentenced today to 37 months in federal prison for embezzling $178,790 from the Teays Valley Volunteer Fire Department, as well as a related tax crime, announced United States Attorney Mike Stuart. Clifford Keith Gwinn, 64, formerly the Cabinet Secretary of the West Virginia Department of Veterans Assistance, previously pled guilty in June 2018 to theft from a program receiving federal funds and failure to report and pay over payroll taxes. As part of Gwinn’s sentence, he was also ordered to pay restitution to the Fire Department, and it’s insurer, in the amount of $178,790 and to the Internal Revenue Service in the amount of $68,281. Stuart commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Office of Inspector General for the U.S. Department of Homeland Security, and the West Virginia Commission on Special Investigations.

“Unimaginable that anyone, much less a former leader in state government, would steal from a Fire Department that is dependent upon funding to provide vital public safety services,” said United States Attorney Mike Stuart. “We will aggressively prosecute and seek restitution for victim organizations in cases like this one.”

Gwinn admitted that as Vice President and fiscal officer of the Fire Department, he was in charge of the financial affairs of the Fire Department and exercised significant control over the Fire Department’s finances. He admitted that his duties included reporting income and expenditures to the Fire Department, preparing and submitting taxes for the Fire Department, and assisting with applications and reimbursements for federal grants, among other duties. He further admitted that he, without authorization from the Fire Department, opened a Fire Department bank account where only he had signature authority, transferred funds into that account without the knowledge or authorization from the Fire Department, ensured certain health care insurance company reimbursements were deposited into that account, and wrote himself checks and checks to cash out of that account, which he then typically cashed. He admitted that he further instructed the Fire Department’s Treasurer to write him checks from other Fire Department bank accounts and further misrepresented the amount of bank account balances to the Fire Department officers and board members. He also admitted that he structured withdrawals out of the Fire Department’s accounts in a series of transactions below $10,000, to prevent the banks from filing Currency Transaction Reports. While he admitted that he systematically deposited cash into Fire Department bank accounts, his overall withdrawals and payments received significantly overwhelmed the amount of any deposits. He also admitted that he had no authorization to write himself checks or receive and cash checks from the Fire Department, and was not entitled to any compensation.

During the period from 2013 through 2016 that Gwinn embezzled $178,790 in Fire Department funds, the Teays Valley Volunteer Fire Department received grants from the Federal Emergency Management Agency (FEMA), an agency of the United States Department of Homeland Security. These grants allowed the Fire Department to pay firefighters and to purchase and maintain equipment.

Furthermore, Gwinn admitted that that while he was Vice President and fiscal officer for the Fire Department, the Fire Department withheld taxes from its employees’ paychecks, including federal income taxes, Medicare, and social security taxes, together known as payroll taxes. He admitted that he knew that he had the corporate responsibility to collect, truthfully account for, and pay over the Fire Department’s payroll taxes. Gwinn admitted that from October 31, 2015 through April 30, 2017, while Gwinn was a responsible person for payroll taxes, Fire Department failed to account for and pay over approximately $61,421.31 in payroll taxes.

Gwinn further admitted that when he filed his personal income tax returns with the IRS, those returns were false because they failed to account for the funds he had embezzled from the Fire Department. Assistant United States Attorney Meredith George Thomas handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.

]]>https://www.fraudswatch.com/tax-fraud-clifford-keith-gwinn-sentenced-for-embezzling-from-the-teays-valley-volunteer-fire-department-as-well-as-a-related-tax-crime/feed/060830Financial Fraud: JOHN ARNOLD SHELLEY Sentenced For Making a False Statement To The Federal Deposit Insurance Corporationhttps://www.fraudswatch.com/financial-fraud-john-arnold-shelley-sentenced-for-making-a-false-statement-to-the-federal-deposit-insurance-corporation/
https://www.fraudswatch.com/financial-fraud-john-arnold-shelley-sentenced-for-making-a-false-statement-to-the-federal-deposit-insurance-corporation/#respondMon, 17 Dec 2018 19:21:45 +0000https://www.fraudswatch.com/?p=60827[Read More]]]>Former Bank President Sentenced to Prison and Ordered to Pay $137 Million

OKLAHOMA CITY – JOHN ARNOLD SHELLEY, 68, of Oklahoma City, has been sentenced to four years in federal prison for making a false statement to the Federal Deposit Insurance Corporation, announced Robert J. Troester of the U.S. Attorney’s Office. He has also been ordered to pay over $137 million in restitution.

Shelley was the President, Chief Executive Officer, Chairman of the Board, and a loan officer at The Bank of Union ("BOU") in El Reno, Oklahoma, from the late 1990s until his resignation on November 30, 2013. In January 2014, state banking regulators closed BOU because of the bank’s loan losses, and the FDIC was appointed as receiver.

On December 13, 2016, a federal grand jury returned a 23-count indictment against Shelley in connection with the failure of the Bank of Union. The counts included bank fraud, money laundering, making false statements to a bank, misapplication of bank funds, false bank entries, wire fraud, and making false statements to the FDIC. According to the indictment, Shelley defrauded BOU in several ways: (1) by issuing loans with insufficient collateral and falsifying financial statements for several high-dollar bank borrowers; (2) by originating nominee loans to circumvent the bank’s legal lending limit; (3) by concealing the bank’s true financial condition from the Board of Directors; (4) by soliciting a fraudulent investment; and (5) by falsely representing the bank’s true status to the FDIC.

According to the indictment, Shelley conspired with certain BOU borrowers from approximately 2009 through November 2013 to defraud BOU by issuing them millions of dollars in BOU loan proceeds secured by collateral that they did not have. Although these borrowers had already accumulated significant debt that they could not repay, Shelley continued to issue them new loans and capitalized accrued interest. At monthly BOU Board meetings, he failed to disclose the true status of these delinquent loan accounts; instead, he advised the Board that the borrowers were continuing to pay down their loans. Shelley also allegedly issued new loans to these borrowers in order to keep them off of BOU’s monthly overdraft reports.

Further, the indictment charged that Shelley executed a scheme to defraud a partial owner and investor in BOU in 2012. According to the indictment, Shelley persuaded the investor to wire $40 million by falsely representing that BOU was growing rapidly and performing well. The indictment alleged that, although Shelley knew that the bank was on the brink of failure and needed an immediate capital infusion to ensure its solvency, he advised the partial owner that his money would not be at risk.

Finally, Shelley was charged with falsely representing the bank’s loan status to the FDIC. Between September 2012 and September 2013, Shelley continued to renew certain unpaid borrower loans by capitalizing unpaid interest. Pursuant to an October 2013 FDIC safety and soundness examination, he allegedly falsely represented that he had not renewed or extended any loans without full collection of the interest due between September 2012 and September 2013.

On September 18, 2017, Shelley pleaded guilty to making a false statement to the FDIC on July 30, 2013, when he falsely represented in writing that the bank had total equity capital of $36,290,000, when he knew the bank’s equity capital was significantly less. This offense carries a penalty of up to 30 years in prison and a fine of up to $1,000,000.

On December 14, 2018, after two days of testimony about Shelley’s conduct, U.S. District Judge Timothy D. DeGiusti sentenced Shelley to four years in prison. He found that Shelley’s crime involved more than $85 million in losses for purposes of federal sentencing law. He imposed a sentence well below the advisory imprisonment range applicable under the U.S. Sentencing Guidelines because of Shelley’s health, personal history, and other factors. After release from prison, Shelley will serve two years on supervised release.

The sentence requires Shelley to pay $137,384,291 in restitution. The partial owner who wired money for the bank’s benefit in late 2012 is due $40 million of the restitution amount. Shelley owes the remaining $97,384,291 to the FDIC, which lost money when it assumed the bank’s liabilities in January 2014.

This case is the result of an investigation by the Federal Deposit Insurance Corporation–Office of Inspector General and the Federal Bureau of Investigation’s Oklahoma City Division. It was prosecuted by Assistant U.S. Attorneys Julia E. Barry, William E. Farrior, and Scott E. Williams.

NEWARK, N.J. – A Lakewood, New Jersey, insurance producer was charged today with conspiring to defraud several Blue Cross Blue Shield health care insurance affiliates of more than $10 million, U.S. Attorney Craig Carpenito announced today.

Jonas Knopf, 63, of Lakewood, was charged by complaint with one count of conspiring to defraud three health care Blue Cross Blue Shield (BCBS) affiliates in Pennsylvania and the Washington, D.C., area. He is scheduled to appear today before U.S. Magistrate Judge Steven C. Mannion in Newark federal court.

According to documents filed in this case and statements made in court:

From 2009 to 2017, Knopf was the chief executive officer of Madison Financial Services (MFS) and a licensed insurance producer – a person who is licensed to sell insurance products. MFS was the parent company of 11 sham companies created by Knopf and others solely for the purpose of marketing health insurance coverage to people who were not, in fact, his employees. These companies purported to be located and doing business in Pennsylvania and/or Virginia, and created the appearance of employment status for hundreds of individuals, largely Lakewood residents who were seeking health care coverage through BCBS benefit plans. The conspiracy began in Pennsylvania, and lasted until 2013, when an internal BCBS investigation uncovered irregularities in the information submitted by Knopf and others through his sham companies. Ultimately, the Pennsylvania Department of Insurance initiated an investigation and Knopf surrendered his Pennsylvania insurance producer’s license and ceased operation in the state. The conspiracy, however, continued in Virginia.

Knopf’s clients or purported employees paid him inflated insurance premiums as well as providing him with monies for payroll; Knopf, in turn, issued fake payroll checks, giving the false impression that they were actually employees being paid for services rendered. The conspiracy continued until January 2017. The conspiracy caused the health care insurers to pay out more than $10 million in fraudulent claims.

The count of conspiracy to commit health care fraud carries a maximum penalty of 10 years in prison and a $250,000 fine.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent In Charge Gregory W. Ehrie; special agents of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, New York Region, under the direction of Special Agent in Charge Michael Mikulka; and investigators of the U.S. Department of Labor, Employee Benefit Security Administration (EBSA), under the direction of Regional Director Darren Cohen, with the investigation leading to today’s charge.
The government is represented by Senior Litigation Counsel V. Grady O’Malley of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit and Assistant U.S. Attorney Tracey Agnew of the Violent Crime Unit.

The charge and allegations contained in the complaint, are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

A former South Florida attorney and a stock promoter pled guilty today in connection with a $1 million pump and dump securities fraud scheme involving the shares of Valentine Beauty, Inc. (“VLBI”).

Ariana Fajardo Orshan, United States Attorney, Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI Miami Field Office made the announcement.

Mark E. Fisher, 53, of Boca Raton, Florida, and Joseph F. Capuozzo, 57, of Davie, Florida, pled guilty before U.S. District Judge Kathleen M. Williams, in Miami, to one count of conspiracy to commit securities fraud, in violation of Title 18, United States Code, Section 371, in Case No. 18-CR-20823. Judge Williams is scheduled to sentence Capuozzo on February 21, 2019 and Fisher on March 25, 2019. Each defendant faces a maximum statutory sentence of up to five years in prison and a fine up to $250,000 or double the gross proceeds of the offense.

Previously, Eddy Ubaldo Marin, 56, of Ft. Lauderdale, Florida, and Shane R. Spierdowis, 27, formerly of Boca Raton, were charged with securities fraud offenses in connection with the same VLBI scheme. Marin pled guilty and was sentenced on September 5, 2018, to 210 months in prison by U.S. District Judge Darrin P. Gayles (Case No. 18-CR-20354-DPG). Spierdowis also pled guilty and was sentenced by U.S. District Judge Ursala Ungaro to 5 years on probation. (Case No. 18-CR-20355-UU).

According to court documents, VLBI was a beauty products supply company with operations in Sunrise, Florida, that marketed its products on television infomercials and elsewhere. Shares of VLBI stock were publicly traded and quoted over the counter on OTC Link. In approximately November 2013, Marin and other accomplices arranged to secretly obtain a controlling interest in VLBI stock by issuing shares to certain third parties, including Green Tree Capital, Inc., a company controlled by Marin and Capuozzo, based in Ft. Lauderdale, Florida.

Fisher, formerly a practicing lawyer licensed to practice in Florida and New York, was a securities lawyer based in Boca Raton who allegedly became involved with the manipulation of VLBI shares at the invitation of Marin. Fisher allegedly executed various false and fraudulent documents to facilitate the scheme, including certain legal opinion letters that falsely indicated that shares controlled by Marin and other conspirators, were not in fact owned or controlled by “affiliates” of the companies. Such letters allowed shares of VLBI to be falsely classified as “free trading” and thus sold to the public, when in reality that were restricted. In March and April, 2014, Marin, Fisher, Capuozzo, Spierdowis, and other conspirators arranged to transfer a substantial number of shares into brokerage accounts in the name of fictitious entities, but in reality controlled by the conspirators. In addition, according to court documents, Fisher, Capuozzo and other conspirators knew that Marin was a convicted felon and attempted to conceal his role in the scheme by keeping his name off of corporate documents. To facilitate the concealment of Marin’s role, Capuozzo became the listed owner of an entity that held Marin’s VLBI shares and traded the shares at the direction of Marin. Capuozzo also served as the nominee Chief Executive Officer of VLBI, while acting at the direction of Marin and the conspirators.

Thereafter, beginning in approximately May 2014 and continuing through in or around September 2014, Marin, Fisher, Capuozzo, Spierdowis, and others arranged for VLBI to issue rosy press releases, while also using internet marketing and penny stock newsletters to tout VLBI stock. These efforts were intended to artificially increase the trading volume and price of VLBI shares, so that Marin, Fisher, Capuozzo, Spierdowis and their co-conspirators could secretly sell shares at a profit. During the conspiracy period, the conspirators sold approximately $1 million worth of VLBI shares to the investing public.

In approximately June 2014, Marin began a term of federal imprisonment due to a different federal offense, and was ultimately incarcerated at FCI Miami. While Marin was at FCI Miami, Fisher, Capuozzo, Spierdowis, and others continued the stock manipulation scheme, while keeping a larger portion of the trading profits for themselves. The conspirators continued to sell shares of VLBI, while continuing the same pattern of issuing press releases and engaging in coordinated sales of shares, until approximately April 26, 2016, when trading in VLBI shares was suspended by the U.S. Securities and Exchange Commission (SEC).

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI’s Miami Field Office. She also thanked the SEC’s Miami Regional Office for their assistance. This case is being prosecuted by Assistant U.S. Attorney Jerrob Duffy, and Assistant U.S. Attorney Alison Lehr is handling asset forfeiture related to the matter.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

]]>https://www.fraudswatch.com/financial-fraud-mark-e-fisher-and-joseph-f-capuozzo-pled-guilty-in-dump-securities-fraud-scheme-involving-the-shares-of-valentine-beauty-inc/feed/060707Financial Fraud: Scott Charles Maddox And Janice Paige Carter-Smith Have Been Indicted In a Forty-Four Count Indictment For Conspiring To Operate a Racketeering Enterprisehttps://www.fraudswatch.com/financial-fraud-scott-charles-maddox-and-janice-paige-carter-smith-have-been-indicted-in-a-forty-four-count-indictment-for-conspiring-to-operate-a-racketeering-enterprise/
https://www.fraudswatch.com/financial-fraud-scott-charles-maddox-and-janice-paige-carter-smith-have-been-indicted-in-a-forty-four-count-indictment-for-conspiring-to-operate-a-racketeering-enterprise/#respondWed, 12 Dec 2018 17:00:06 +0000https://www.fraudswatch.com/?p=60702[Read More]]]>Tallahassee City Commissioner and Political Consultant Charged in Racketeering Conspiracy

TALLAHASSEE, FLORIDA – Tallahassee City Commissioner Scott Charles Maddox, 50, and Tallahassee political consultant Janice Paige Carter-Smith, 53, both of Tallahassee, have been indicted in a forty-four count indictment for conspiring to operate a racketeering enterprise that engaged in acts of bank fraud, extortion, honest services fraud, and bribery. Maddox and Carter-Smith are also charged with substantive counts of bank fraud, false statements to financial institutions, extortion, honest services fraud, use of interstate facilities in furtherance of bribery, false statements to federal officers, conspiracy to interfere with the lawful function of the Internal Revenue Service (“IRS”), and filing false tax returns.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Attorney for the United States Karen Rhew-Miller of the Northern District of Florida Acting Under Authority Conferred by 28 U.S.C. § 515, Special Agent in Charge Charles Spencer of the FBI’s Jacksonville Field Office, and Special Agent in Charge Mary Hammond of the IRS – Criminal Investigation Tampa Field Office made the announcement.

The initial appearance is scheduled for today, Wednesday, December 12, 2018, at 3:00 p.m. EST at the United States Courthouse in Tallahassee in the Magistrate Judge’s Courtroom on the main floor. The trial date will be determined at this hearing.

Maddox and Carter-Smith allegedly conspired to operate two companies, Governance, Inc., and Governance Services, LLC, as one entity they referred to as “Governance.” Per the indictment, Governance was part of a racketeering enterprise that extorted money and accepted bribes from Governance clients under color of Maddox’s office and through fear of the economic harm that Maddox could inflict in his position as an influential City Commissioner. The indictment alleges that Maddox voted on matters and exerted influence on City employees to take actions that benefitted the businesses that paid Maddox and Carter-Smith through Governance.

According to the charges, Maddox and Carter-Smith made false statements to the FBI concerning Maddox’s affiliation with, and management of Governance and Governance Services. The indictment alleges that during the course of the conspiracy, Maddox made false statements under oath to a Florida Commission on Ethics investigator and in a sworn deposition about his affiliation with Governance. He also concealed from the Tallahassee City Attorney and the City Commission the fact that he was being paid by companies doing business with the City.

The indictment further alleges that Maddox and Carter-Smith also defrauded a bank of more than $250,000 through two fraudulent short sales of real property, lied to federal agents about Governance and other matters, and violated federal tax laws by conspiring to interfere with the IRS and filing false tax returns.

The investigation was conducted by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Stephen M. Kunz of the Northern District of Florida and Trial Attorneys Simon J. Cataldo and Peter M. Nothstein of the Department of Justice Criminal Division’s Public Integrity Section.

5 years: Use of Interstate Facilities in Furtherance of Bribery, Making False Statements to a Federal Officer, Conspiracy to Defraud the United States

3 years: False Statement on a Tax Return

An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Jason Haynes, of Florida, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud and filing a false tax return in connection with a scheme to defraud the Xerox Corporation of more than $20,000,000. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant, along with Kyle Haynes, David Haynes and Bryan Day, owns Haynes Brother Furniture in Daytona Beach, Florida, where defendant resides. Co-conspirator Robert Fisher’s company, RBM Imaging, was an authorized reseller of Xerox office equipment.

Xerox, which has a location in Webster, NY, sells and leases office equipment, including printers. Xerox sells or leases the office equipment directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers, like the defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.

The Haynes’ set up a sham company, HDH Graphics, to obtain approximately 63 Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25,000,000 worth of toner to HDH Graphics. The Haynes’ then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. The Haynes’ and Fisher shared the profits from the fraudulent sale of the Xerox toner.

In executing the scheme, the Haynes’ repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. The Haynes’ provided Xerox with false usage profiles from the printers and false print samples that made it appear that the defendants were making the millions of prints and using much more toner than the industry average for each print.

Jason Haynes also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. His personal tax returns failed to report net income HDH Graphics earned from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the Haynes’ personal tax returns. Therefore, the underreporting of the net income on HDH Graphics tax returns resulted in the underreporting of the income on the defendant’s personal tax returns.

The Haynes’ underreported the net income earned by HDH Graphics by falsely claiming that they had personally paid and incurred travel and shipping expenses on behalf of HDH Graphics. They then had HDH Graphics reimburse them for the falsely claimed expenses and falsely reported such expenses as deductions on HDH Graphics tax returns. The falsely reported deductions on HDH Graphics tax returns were approximately $265,154, resulting in approximately $265,154 less in net income being reported on the corporate returns. As a result, approximately $66,288.50 should have flowed through as income to the defendant’s personal tax returns.

The defendant also agreed to forfeiture of assets that were previously seized by the government.

Kyle Haynes, David Haynes, and Bryan Day were previously convicted and are awaiting sentencing. Charges remain pending against Robert Fisher. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.

Sentencing is scheduled for March 13, 2019, at 2:00 p.m. before Judge Wolford.

]]>https://www.fraudswatch.com/financial-fraud-group-of-persons-pleads-guilty-to-conspiracy-to-commit-wire-fraud-and-filing-a-false-tax-return/feed/060699Financial Fraud: Alain Kaloyeros Sentenced To Prison For Fraud In Connection With The Rigging Of Bidshttps://www.fraudswatch.com/financial-fraud-alain-kaloyeros-sentenced-to-prison-for-fraud-in-connection-with-the-rigging-of-bids/
https://www.fraudswatch.com/financial-fraud-alain-kaloyeros-sentenced-to-prison-for-fraud-in-connection-with-the-rigging-of-bids/#respondWed, 12 Dec 2018 05:06:03 +0000https://www.fraudswatch.com/?p=60696[Read More]]]>Former State University President, Alain Kaloyeros, And Three Corporate Executives Sentenced To Prison For Fraud In Connection With Buffalo Billion Bid-Rigging

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that ALAIN KALOYEROS, the former President of the State University of New York Polytechnic Institute; STEVEN AIELLO, a founder and partner of COR Development (“COR”), a real estate development company based in the Syracuse, New York, area; JOSEPH GERARDI, also a founder and partner of COR; and LOUIS CIMINELLI, the former Chairman and CEO of LPCiminelli, a construction company based in Buffalo, New York, were sentenced to prison for fraud in connection with the rigging of bids for hundreds of millions of dollars of State-funded contracts under New York State’s “Buffalo Billion” economic development program. KALOYEROS was sentenced today by U.S. District Judge Valerie E. Caproni, and AIELLO, GERARDI, and CIMINELLI were all sentenced last week by Judge Caproni. The defendants received the following sentences:

ALAIN KALOYEROS - 42 months in prison

STEVEN AIELLO - 36 months in prison

JOSEPH GERARDI - 30 months in prison

LOUIS CIMINELLI - 28 months in prison

On July 12, 2018, KALOYEROS, AIELLO, GERARDI, and CIMINELLI were each convicted of wire fraud and wire fraud conspiracy, following a three-week trial before Judge Caproni, who imposed sentence on each of the defendants. GERARDI was also convicted of making false statements to federal officers. In addition to the bid-rigging offense, AIELLO’s sentence also reflected his conviction for paying bribes to Joseph Percoco, a former executive aide and campaign manager to the Governor of New York.

U.S. Attorney Geoffrey Berman said: “The Buffalo Billion program is an economic initiative intended to stimulate economic growth, and ultimately benefit the people of New York. But a well-connected group of Albany insiders exploited the project to benefit themselves instead. By manipulating the application process for awarding bids, these men effectively corrupted the bidding process to ensure that companies with which they had financial interests would be awarded the lucrative work. Public corruption – especially at such a disconcertingly high level in Albany – contributes to the frustration and eroding faith of the people of New York in the integrity of their government. We will continue to do everything within our power to ensure that funds intended for the greater good of New Yorkers will be used for just that – and not to line the pockets of influence-peddlers with high-level access.”

Judge Caproni said during AIELLO’s sentencing: “I want this sentence to be heard around the state. . . . This prosecution . . . should serve as a warning to others who interact with the government everywhere . . . when competing for projects from an entity like Fort Schuyler, you are playing with state money. That means you have to be purer than Caesar’s wife, because the money you were trying to get comes from the hardworking men and women of New York State. If you can’t live with that standard, then stick with private sector work, because if you remain at the public trough and you engage in corrupt means to get to public money, even if you did a good job for the public, the Court will show you no mercy. . . .”

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:

KALOYEROS, AIELLO, GERARDI, and CIMINELLI conspired to deceive Fort Schuyler Management Corporation (“Fort Schuyler”), a State-funded entity charged with awarding State contracts worth hundreds of millions of dollars, by secretly rigging the bidding process so that the contracts offered in connection with the Buffalo Billion program would be awarded to COR and LPCiminelli. KALOYEROS, who oversaw the application process for many of the State grants awarded under the Buffalo Billion and similar programs, retained Todd Howe to lobby the New York Governor’s office in order to maintain and expand KALOYEROS’s position. KALOYEROS and Howe, who also worked for both COR and LPCiminelli, then conspired with AIELLO, GERARDI, and CIMINELLI to defraud Fort Schuyler by secretly tailoring the required qualifications for development deals in Syracuse and Buffalo so that COR and LPCiminelli would be awarded significant projects without any meaningful competition. All the while, the defendants falsely represented to Fort Schuyler that the bidding process was fair, open, and competitive.

More specifically, in or about October 2013, Fort Schuyler issued requests for proposals (“RFPs”) to solicit bids from interested and qualified developers for the Syracuse and Buffalo projects. KALOYEROS oversaw the drafting of the RFPs and, unbeknownst to Fort Schuyler, KALOYEROS and Howe secretly solicited from AIELLO, GERARDI, CIMINELLI, and others at LPCiminelli: (1) qualifications of COR and LPCiminelli to put in the RFPs, so that the RFPs would request qualifications specifically held by those companies, and (2) feedback on the RFPs, before they were released publicly. For example, the Syracuse RFP requested the use of specific project management software used by COR. After Howe emailed GERARDI and AIELLO a draft of the Syracuse RFP approximately two weeks before its public issuance, GERARDI sent back to Howe and AIELLO a handwritten mark-up of the draft RFP, on which GERARDI had, among other things, underlined the software names and wrote “too telegraphed?? I would leave out these specific programs.” For its part, the Buffalo RFP, as initially issued, required 50 years of experience by a local developer – a qualification touted by LPCiminelli in promotional materials provided to KALOYEROS.

Additionally, after the Government’s investigation became public, both KALOYEROS and CIMINELLI deleted incriminating evidence from their personal email accounts. GERARDI voluntarily met with government agents and lied about his criminal conduct.

In addition to his convictions for fraud in connection with the Buffalo Billion program, AIELLO was convicted in connection with a bribery conspiracy involving Percoco, who was also convicted and sentenced by Judge Caproni to 72 months in prison. Beginning in early 2014, Percoco was paid bribes totaling approximately $35,000 from COR. These bribe payments were orchestrated by AIELLO, who arranged them in exchange for Percoco’s official assistance for COR on an as-needed basis.

Specifically, Percoco agreed with AIELLO to, and did, take official action for the benefit of COR to (a) reverse an adverse decision by the Empire State Development Corporation, which is the State’s main economic development agency, that would have required COR to enter into a costly labor peace agreement in connection with a development project in Syracuse, (b) free up a backlog of more than $14 million in State funds that had already been awarded to COR but were delayed in payment, and (c) secure a substantial pay raise for AIELLO’s son, who worked in the Governor’s office. To disguise the nature and source of the bribe payments, COR’s bribes to Percoco were funneled through bank accounts and a shell company set up by Howe.

In addition to the prison term, KALOYEROS, 62, of Slingerlands, New York, was sentenced to 2 years of supervised release. Judge Caproni also ordered KALOYEROS to pay a fine of $100,000.

In addition to the prison terms, AIELLO, 60, of Fayetteville, New York, GERARDI, 59, of Fayetteville, New York, and CIMINELLI, 63, of Buffalo, New York, were each sentenced to two years of supervised release. Judge Caproni also ordered AIELLO, GERARDI, and CIMINELLI each to pay a fine of $500,000 and to forfeit ill-gotten gains.

Mr. Berman praised the outstanding work of the Buffalo Field Office of the Federal Bureau of Investigation and the New York Office of the Internal Revenue Service-Criminal Investigation, which jointly conducted this investigation with Special Agents from the U.S. Attorney’s Office.

This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Janis Echenberg, Robert Boone, David Zhou, and Matthew Podolsky are in charge of the prosecution.

PHILADELPHIA, PA – United States Attorney William M. McSwain announced today that Coordinated Health Holding Company, LLC (“Coordinated Health”) and its founder, principal owner, and Chief Executive Officer, Emil DiIorio, M.D., agreed to settle allegations under the False Claims Act that they submitted false claims to Medicare and other federal health care programs for orthopedic surgeries. Coordinated Health agreed to pay $11.25 million and DiIorio agreed personally to pay $1.25 million, for total settlement of $12.5 million. Coordinated Health has also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services that will require regular monitoring of its billing practices for five years.

Coordinated Health is a for-profit hospital and health system based in the Lehigh Valley region of Pennsylvania. It employs approximately 100 physicians, approximately 30 of whom are board-certified orthopedic surgeons. Dr. DiIorio is a board-certified orthopedic surgeon.

The government alleges that Coordinated Health and Dr. DiIorio engaged in a scheme to improperly unbundle claims for reimbursement for orthopedic surgeries in order to artificially inflate reimbursements from federal healthcare payers. Medicare and other public healthcare insurers reimburse physicians and hospitals a global fee for many types of orthopedic surgeries. The global fee is a single payment for all parts of a surgery. Although electronic safeguards automatically block separate reimbursements for parts of the same surgery when the global fee is paid, those safeguards can sometimes be circumvented when billing codes are misused. For example, a medical provider can circumvent the system by affixing a billing code, Modifier 59, to its request for payment. That billing code informs the payer that a separately billed service was not part of the original surgery and is appropriate to separately pay. It is improper “unbundling” when a provider submits a claim for a global reimbursement for a surgery and misuses Modifier 59 to separately bill for parts of the same surgery.

The government alleges that from 2007 through mid-2014, Coordinated Health routinely exploited Modifier 59 to improperly unbundle orthopedic surgery claims, including for many total joint replacement and arthroscopic surgeries. As a consequence, federal healthcare payers, including Medicare and Medicaid, overpaid Coordinated Health by millions of dollars.

The government further alleges that Dr. DiIorio should have stopped the illegal unbundling. Instead, beginning in April of 2009, Dr. DiIorio changed how he wrote operative reports so that Coordinated Health billers could maximize improperly unbundled reimbursements for his knee, hip and shoulder surgeries using Modifier 59.

For example, in his total knee replacement operative reports prior to April 2009, Dr. DiIorio rarely diagnosed any patient with poor patellar tracking and stated in almost every report that an incision sometimes necessary to improve patellar tracking, called a “lateral retinacular release,” was unnecessary. A lateral retinacular release performed during a total knee replacement is part of the global surgery reimbursement for a knee replacement. However, in almost every knee replacement operative report after April 1, 2009, Dr. DiIorio diagnosed the patient with poor patellar tracking and stated he performed a lateral retinacular release. Each time, Coordinated Health used Modifier 59 to improperly bill for a lateral retinacular release as if one was performed separate from the knee replacement.

Top Coordinated Health executives were directly informed at least twice that Coordinated Health improperly unbundled many orthopedic surgeries by misusing Modifier 59. Two separate outside coding consultants hired by Coordinated Health, one in 2011 and one in 2013, identified the improper unbundling during coding audits and warned Coordinated Health to stop. The 2013 consultant specifically advised Coordinated Health to self-report and repay Medicare and other federal payers; the consultant also provided on-site training on the proper use of Modifier 59 to Coordinated Health coders in November 2013. Motivated by its bottom line, Coordinated Health simply ignored the consultants’ recommendations and continued abusing Modifier 59 to improperly unbundle orthopedic surgery claims until mid-2014.

“The alleged corporate culture and leadership that promoted this conduct and allowed it to continue despite crystal clear warnings is shameful,” said U.S. Attorney William M. McSwain. “If true, it amounts to theft of public funds and a fraud on Medicare, Medicaid, and federal employee health insurers. We are unaware of any unbundling scheme that has had a bigger impact on federal funds. My Office will continue to hold businesses and individuals accountable for this type of wrongdoing.”

“We expect providers to play by the rules and to act responsibly,” said Maureen R. Dixon, Special Agent in Charge for U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG) in Philadelphia. “Providers who fail to follow the rules should expect to be investigated by HHS-OIG and our fellow law enforcement partners.”

“I would like to express my gratitude for the dedication and professionalism exhibited by our staff, their law enforcement partners, and the U.S. Attorney’s Office in the investigation and prosecution of this matter,” said Thomas W. South, Deputy Assistant Inspector General for Investigations, U.S. Office of Personnel Management. “Their efforts protect the Federal Employee Health Benefits Program from those who would seek to defraud the program through unscrupulous and illegal billing practices.”

Kenneth Cleevely, U.S. Postal Service Office of Inspector General Special Agent in Charge, Eastern Area Field Office, stated the following: “Benjamin Franklin stated ‘There is no kind of dishonesty into which otherwise good people more easily and frequently fall than that of defrauding the government.’ I believe that quote rings true in this case. When health care providers choose to take advantage of the federal workers compensation program, Special Agents with the U.S. Postal Service Office of Inspector General will work with our law enforcement partners to see that they are held accountable. To report health care fraud relating to the Postal Service, contact special agents at www.uspsoig.gov or 888-USPS-OIG.”

“Coordinated Health and Dr. Dilorio fraudulently billed federal health care programs, including the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP), for the reimbursement of false claims submitted for orthopedic surgery procedures. We will continue to work with OWCP and our law enforcement partners to protect the integrity of the Federal Employees’ Compensation Act,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.

The claims resolved by the settlement are allegations only; there has been no determination of liability.

This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, U.S. Office of Personnel Management Office of the Inspector General, the United States Postal Service Office of Inspector General, and the Department of Labor Office of Inspector General. For the U.S. Attorney’s Office, the investigation and settlement were handled by Assistant U.S. Attorney John T. Crutchlow and Auditor George Niedzwicki.